The Order Processing Agreement is required whenever an organization (the processor) processes personal data on behalf of another organization (the controller) under Dutch jurisdiction. This mandatory agreement ensures compliance with Article 28 of the GDPR and the Dutch UAVG (Implementation Act). It must be in place before any data processing begins and should detail the scope, purpose, and type of processing, security measures, confidentiality obligations, and procedures for data breaches. The agreement is particularly crucial in the Netherlands, where the Dutch Data Protection Authority actively enforces data protection requirements and provides specific guidance on processor agreements. It serves as a critical compliance document that protects both parties by clearly defining their roles, responsibilities, and liabilities in the data processing relationship.
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1. Parties: Identification of the Controller (Verwerkingsverantwoordelijke) and Processor (Verwerker), including legal details and representatives
2. Background: Context of the processing relationship and reference to the main service agreement
3. Definitions: Key terms used in the agreement, aligned with GDPR Article 4 and Dutch UAVG definitions
4. Scope and Purpose of Processing: Detailed description of the processing activities, purposes, and types of personal data involved
5. Duration and Termination: Term of the agreement and termination provisions, including data handling upon termination
6. Obligations of the Processor: Core processor obligations under GDPR Article 28, including security measures and confidentiality
7. Sub-processors: Conditions and procedures for engaging sub-processors
8. Data Subject Rights: Processor's obligations to assist with data subject requests
9. Data Breach Notification: Procedures and timeframes for reporting data breaches
10. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance
11. Data Return and Deletion: Obligations regarding data handling at contract termination
12. Liability and Indemnification: Allocation of liability and indemnification provisions
13. Governing Law and Jurisdiction: Specification of Dutch law and jurisdiction
1. International Data Transfers: Required when personal data may be transferred outside the EEA
2. Specific Security Requirements: Detailed security requirements beyond standard measures, used for sensitive data processing
3. Industry-Specific Compliance: Additional requirements for specific sectors (e.g., healthcare, financial services)
4. Data Protection Impact Assessment: Cooperation obligations for DPIAs when processing poses high risks
5. Insurance Requirements: Specific insurance obligations for high-risk processing activities
6. Business Continuity: Required for critical processing activities needing continuous availability
1. Schedule 1 - Processing Activities: Detailed description of processing activities, categories of data subjects, and types of personal data
2. Schedule 2 - Technical and Organizational Measures: Specific security measures implemented by the processor
3. Schedule 3 - Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Schedule 4 - Contact Details: Contact information for data protection officers and key representatives
5. Appendix A - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches
6. Appendix B - Audit Procedures: Specific procedures and requirements for conducting audits
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